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Leslie v. Grupo Ica
Where evidence raises genuine issues of dispute, summary judgment is improper, despite trial court's disbelief of party's statements in deposition. 		Civil Procedure Mar. 3, 2000
First Nationwide Bank v. Mountain Cascade Inc.
Expert witness fees can't be included as attorney fees or recovered as 'necessary expense' under contract unless properly pled or proved. 		Civil Procedure Mar. 2, 2000
Korean Philadelphia Presbyterian Church v. California Presbytery
Issuance of injunction can't be based on future fears but rather actual evidence of realistic intent to engage in prohibited activity. 		Civil Procedure Mar. 2, 2000
Finks v. Longford Equipment International
Order 		Civil Procedure Mar. 2, 2000
Korean Philadelphia Presbyterian Church v. California Presbytery
Issuance of injunction can't be based on future fears but rather actual evidence of realistic intent to engage in prohibited activity. 		Civil Procedure Mar. 2, 2000
Lang v. Hochman
Defendant is not entitled to have action reinstated where both defendant and counsel engage in discovery misconduct. 		Civil Procedure Mar. 2, 2000
Estate of Beverly
Individual cannot be held in contempt and ordered incarcerated indefinitely unless record demonstrates that she has present ability to comply with court order. 		Civil Procedure Feb. 16, 2000
Hilgeman v. American Mortgage Securities Inc.
Punitive damages awarded under default judgment are improper where there is no record of testimony and documentary evidence to support award. 		Civil Procedure Feb. 9, 2000
Kerr v. Killian
Arizona Department of Revenue is aggrieved party entitled to appeal award of attorney fees. 		Civil Procedure Feb. 9, 2000
Barkus v. Kaiser
Order 		Civil Procedure Feb. 9, 2000
Midpeninsula Citizens For Fair Housing v. ACCO Management Co.
Motion for class certification is denied when definition of class is overbroad. 		Civil Procedure Feb. 8, 2000
McMorgan & Co. v. First California Mortgage Co.
Voluntary disclosure of privileged materials to government agency in nonpublic investigation constitutes waiver of privilege. 		Civil Procedure Feb. 7, 2000
Schwartz v. The Upper Deck Co.
Failure to allege element of consideration warrants dismissal of civil RICO class action. 		Civil Procedure Feb. 7, 2000
Schwartz v. The Upper Deck Co.
Allegation that random insertion of 'chase' cards in trading cards violates RICO is sufficient claim. 		Civil Procedure Feb. 7, 2000
Wise v. Pacific Gas and Electric Co.
Primary jurisdiction doctrine is properly applied in action against utility company. 		Civil Procedure Feb. 3, 2000
Hill v. Blind Industries and Services of Maryland
Federal litigant cannot wait until opening day of trial to assert immunity under Eleventh Amendment. 		Civil Procedure Jan. 31, 2000
Mac v. Bank of America
One-year limitation period doesn't preclude administrator of estate from filing complaint against bank who honored forged checks from decedent's account. 		Civil Procedure Jan. 28, 2000
County of Los Angeles v. City of Los Angeles
Order fixing amount of preliminary injunction bond isn't appealable. 		Civil Procedure Jan. 28, 2000
Stone v. State of Texas
Contract with out-of-state party doesn't automatically establish purposeful availment in other party's home forum. 		Civil Procedure Jan. 28, 2000
Iverson, Yoakum, Papiano & Hatch v. Berwald
Two-year statute of limitations period bars law firm from filing complaint alleging 'damages for legal services rendered,' and 'account stated.' 		Civil Procedure Jan. 28, 2000
Iverson, Yoakum, Papiano & Hatch v. Berwald
Two-year statute of limitations period bars law firm from filing complaint alleging 'damages for legal services rendered,' and 'account stated.' 		Civil Procedure Jan. 28, 2000
Dibble v. Superior Court (Lewco Iron Metals Inc.)
Although arbitration award may stand despite trial de novo request, rule isn't applicable where claims are legally and factually unrelated. 		Civil Procedure Jan. 28, 2000
Springs v. Perry
Trial court must instruct jury to begin deliberations anew when discharged juror replaces missing juror. 		Civil Procedure Jan. 25, 2000
Adarand Constructors Inc. v. Slater
Voluntary cessation of challenged conduct moots case only if it's absolutely clear that alleged wrongful behavior couldn't reasonably be expected to recur. 		Civil Procedure Jan. 19, 2000
Norwest Bank (Minnesota) N.A. v. Symington
Prevailing party's failure to disclose relevant information requires that deficiency judgment be set aside. 		Civil Procedure Jan. 19, 2000
Kelsey v. Waste Management of Alameda County
Chapter 13 debtor has standing to prosecute state court action, and failure to list action in bankruptcy doesn't warrant summary judgment against debtor. 		Civil Procedure Dec. 30, 1999
Mac v. Bank of America
One-year limitation period doesn't preclude administrator of estate from filing complaint against bank who honored forged checks from decedent's account. 		Civil Procedure Dec. 30, 1999
People ex rel. Dept. of Transportation v. Cherry Highland Properties
Sixty-day jurisdictional period for new trial motion doesn't begin until moving party files proof of mailing notice of entry of judgment. 		Civil Procedure Dec. 30, 1999
APRI Insurance Co. v. Superior Court (Schatteman)
Trial court loses jurisdiction to reconsider motion to quash service of process after judgment has been entered. 		Civil Procedure Dec. 30, 1999
Wilcox v. Birtwhistle
Party can withdraw admissions deemed admitted for failure to respond to discovery, if failure was due to mistake, inadvertence or excusable neglect. 		Civil Procedure Dec. 30, 1999
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